Al Centriletti

5050 Myway Hiway

Nice Place, CA 12345

CITIZEN’S CRIMINAL COMPLAINT

STATE OF CALIFORNIA )
) ss. No. ____________________
COUNTY OF SAN MATEO )

AFFIDAVIT OF COMPLAINING WITNESS

DEFENDANTS:
GERALD C. BENITO
MARTHA GANDY Violation: CPC § ____
DOUGLAS L. GARDNER Committing Common Barratry
1525 Court Street (misdemeanor)
Redding, California 96001
Bus. Phone # (530)-245-6300

COMPLAINANT: WITNESS: WITNESS:

Joe Lunchbucket Jane Lunchbucket Tom Sixpack
5050 Myway Hiway 5050 Myway Hiway 6040 Taxit Drive
Nice Place, CA 12345 Nice Place, CA 12345 Nice Place, CA 12345
(555)-677-2424 (555)-677-2424 (555)-677-2421
_________________________________________________________

1.1 I, Joe Lunchbucket, the undersigned Complainant, understand that I have the right of
complaining to a prosecuting authority rather than signing this affidavit, however, said
prosecutors are parties defendants to this criminal complaint, a fortiori, I elect to use this method
to start criminal proceedings. I understand that the following are some but not all of the
consequences of my signing a criminal complaint: (1) the defendants may be arrested and placed
in custody; (2) the arrest if proved false may result in a lawsuit against me; (3) if I have sworn
falsely I may be prosecuted for perjury; (4) this charge will be prosecuted even though I might
change my mind; (5) witnesses and complainant will be required to appear in court on the trial
date regardless of inconvenience, school, job, etc.

CITIZEN’S CRIMINAL COMPLAINT. Page 1 of 3

 1.2 The following is a true statement of the events that led to the filing of this complaint.
I have not consulted with a prosecuting authority concerning this incident. Any and all emphasis
employed herein may be construed to have been added. Complainant’s Affidavit attached here
to is incorporated by this reference as if fully restated here in.
1.3 Defendants BENITO, GANDY, and GARDNER, while acting as Prosecutors for the
State of California, County of Shasta, in the City of Redding, California, have committed no less
than three (3) known acts of wrongfully charging Citizens, which constitutes nothing less than
Common Barratry.
1.4 While acting under BENITO, GANDY, on or about April 7, 2004, in two (2) separate
cases, brought charges against the Complainant, Joe Lunchbucket (Docket #XXXXXa), and Ms.
Jane Lunchbucket (Docket #XXXXXb). GANDY knew she didn’t have the right people and/or
property and knew she didn’t have a case against either party as stated in her own words in front
of a witness as set forth in Complainant’s and witness’ attached Affidavit of Fact and
Chronology1 and yet she still proceeded to prosecute.
1.5 I am also a witness to Mr. Jacob Runyon’s arraignment trial (Docket #XXXXXc) on
charges brought against him by GARDNER, on July 30, 2004, where the court discovered that
he was the wrong person charged. I believe these three cases meet the requirements as set forth
in California Penal Code CPC § 159, and I therefore believe, and I therefore charge, that this
constitutes a violation of California Penal Code CPC § 158, Common Barratry.

CPC § 158 Common barratry defined; punishment

Common Barratry is the practice of exciting groundless judicial proceedings, and
is punishable by imprisonment in the county jail not exceeding six months and by fine
not exceeding one thousand dollars ($1,000). (Enacted 1872. Amended by Stats.1983, c.
1092, § 246, eff. Sept. 27, 1983, operative Jan. 1,1984)

1.6 Defendants BENITO, GANDY, and GARDNER have brought charges against
innocent people with no concern for the repercussions and effects their actions bring upon their
victims. They have willingly and knowingly done so under color of law and of official right.

1
See Exhibit A attached, Affidavit of Fact and Chronology detailing encounter with Gandy

CITIZEN’S CRIMINAL COMPLAINT. Page 2 of 3

 COUNT I.

1.7 Defendants BENITO, GANDY, and GARDNER, have acted in concert in bring
three (3) groundless judicial proceedings, with a corrupt and malicious intent to vex and annoy,
against three (3) innocent California State Citizens while possessive of full personal knowledge
of said innocents, for the purpose of exciting judicial proceeding they know to be wholly
groundless, in violation of CPC § 158 Common Barratry, a misdemeanor.

VERIFICATION.

1.8 I, Joe Lunchbucket, Complainant hereto, do hereby declare under penalties of

perjury under the laws of the state of California that the foregoing accounting of facts are true
and correct to the best of my knowledge. I BELIEVE Defendants have violated CPC § 158, as
alleged above, and it is my intent herewith to seek criminal charges against Defendants Gerald C.
Benito, Martha Gandy, and Douglas L. Gardner.

Signed: ________________________________
Joe Lunchbucket, Affiant/Complainant

The above affirmation was SUBSCRIBED and duly SWORN to before me this 2nd day
of August 2004, by Joe Lunchbucket.
I, Kelly A. Farnsworth, am a Notary under license from the State of California whose
Commission expires February 3, 2008, and be it known by my hand and my Seal as follows:
_________________________________
Notary signature

CITIZEN’S CRIMINAL COMPLAINT. Page 3 of 3